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News Tort Liability Study

Author: LvQingChuang
Tutor: LiJianHua
School: Jilin University
Course: Legal
Keywords: News Infringement Responsibility Elements Defenses
CLC: D923
Type: Master's thesis
Year: 2011
Downloads: 323
Quote: 2
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Abstract


With the development of journalism, the news media as an important social force, and its powerful influence has been recognized by the public. The news media involvement in all aspects of society, but also led to the frequent news of infringement cases, so the news tort jurisprudence in recent years has become a key issue of concern, and the news is the news tort liability tort crux of the problem, our This question has not yet have a special legislative provisions, but scattered in various branches of law, administrative regulations and judicial interpretation being. For this reason, the news was a result of infringement should be laid down as to what tort arising from the controversy. News infringement is making news agencies or news of news due to intentional or negligent, making the citizens, legal persons or other organizations personality rights have been violated and behavior. How to limit the abuse of public power, protect the news media news reports and public opinion fully exercise and protection of citizens, legal persons and other organizations among the three personal interests are not compromised to find the best balance between, has become the news tort legislation must be addressed. In this paper, on domestic and international law, journalism academic point of view, based on the combined experience of our judicial practice, discuss the news tort liability, in order to improve our news tort system. This paper consists of four parts: the first part is a news tort concepts and the identification of the main responsibility. This section analyzes, discusses the news infringement definitions, characteristics, causes and news tort subject. Infringement of the news should be the premise of the general theory of tort, in his discussion of the concept of infringement explicitly before news news concept. According to the press infringement resulting condition and its specific manifestations, we can see news infringement has its own inherent special. News infringement cases occurred mainly due to the change in concept News, contrary to the principle of authenticity of news, journalists legal awareness and other causes. News infringement main responsibility includes: press releases units with reporters, general contributions were infringing works reproduced and news media. The second part discusses the news Tort Liability under the principles and constituent elements. This section from the general theory of imputation principle to proceed, through the news infringement is generated, its development and evolution of the principle of imputation process, pointing out that the principle of Tort Liability issues in the academic debate, as well as in judicial practice in China News Infringement fault liability principle has been widely recognized reality. According to the news Liability Principle of tort liability, tort liability on the news to analyze the composition of elements, news tort liability tort constituent elements include the presence of news, news tortfeasor subjective fault exists, news Infringement facts happening and News tort and the damage a causal link between the fact that four aspects. The third part is about the news bear tort liability defenses exposition. Damage caused by the infringement of civil rights and interests tend to have property and non-property interests of the properties of the dual nature, therefore, bear civil liability in tort news, not only have the content of property damages, but there should be some compensation for moral damage ; exemplary damages should not only propertied content should also have non-property exemplary damages content. Therefore, in this section assume tort liability for the content of news from the news of infringement of property and non-property damages exemplary damages two aspects of in-depth discussion. News infringement defenses, refers to the news media in their news reports involving infringement of personality rights and infringement complaint after the initiation of the proposed safeguard their own interests, eliminating the related responsibilities of the facts and reasons. China's current law does not clearly defined news infringement defenses, drawing on the part of the foreign-related legal system, it is also on the actual malice rule, fair comment the true scope and content specific provisions analyzed and certified. The fourth part of a review of news infringement institutional flaws and perfection. About our news tort system defects, mainly in four aspects: First, the basic concept of news Infringement ill-defined; Second News Tort Liability under the principle of no clear its own particularity; three news infringing legislation and judicial interpretation scattered; Fourth news tort damages for mental lack of maneuverability. To solve these problems, this section focuses on a sound system of news infringement related methods, including: a clear infringement of the concept of news; emphasis on the role of news and enrich infringement case related judicial interpretations; according to the present object is not to establish infringement return different news responsibility principle; establish practical operability News Mental Damage Compensation System; establishment news industry associations to strengthen self-discipline and a sound legislative news tort system's recommendations. In conclusion, the paper said several aspects of the analysis and discussion in order to find a better system to coordinate between press freedom and the value of the right of personality conflicts, so that the news media can be fully exercised the right to news reports and public opinion, so as to achieve the public authority, rights and press freedom rights are best balance.

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CLC: > Political, legal > Legal > Chinese law > China and France
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